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Joanne Reisman

Joanne Reisman’s Answers

1,924 total


  • Does my mom have rights to dead boyfriend (of 9 years) to any of his stuff?

    My moms boyfriend of 9 years pass away unexpectedly 3 days ago.there is no will that we know of.she has paid for half of there car payment since they got the car 6 months ago even though her name is not on the car (they split all bills in half) is...

    Joanne’s Answer

    Without marriage or a will, your mother had no inheritance rights. She may have property rights in the car or other property if she can produce written documentation that there was sometime of business relationship. She could possibly claim a domestic partnership and property rights through that claim. However, unless the heir or heirs are willing to agree or negotiate, she has to establish her rights through some type of litigation against the boyfriend's estate. She might want to talk to a lawyer about all of this and figure out her best options.

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  • Can my son keep his name???

    I had a child with a man who didnt want kids. He even told me to get someone else to adopt him so he wouldnt have to take responsibility. He isnt even on the birth certificate...so i picked his name and did the BC in the hospital..so he has my las...

    Joanne’s Answer

    Ms. Hall is correct. The birth certificate stays as it currently is unless and until the court orders a name change. If both you and the father agree to the name change, then you can jointly petition the court for the name change and it is a fairly easy process. If you don't agree, then the father can Petition but you can object. Or it can just stay the way it is. When your child is 18, your child can change their name legally to anything they want. At this point dad sounds a little bit flaky so I would just wait and see what happens and don't worry about it. Keep in mind that when your child gets to be school age, your child's friends may very likely give your child some simply nick name which may be used more then the name on the birth certificate.

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  • I was injured while incarcerated due to the facilities faulty equipment can I sue?

    While incarcerated I was assigned a top bunk that was not reasonably accessible. I made the jail staff aware that I was being injured each time I climbed up. I told 3 separate officers about my injuries and my inability to access my bed. There was...

    Joanne’s Answer

    Does "while incarcerated" mean that you are no longer incarcerated? Then you no longer have the bunk issue. Not sure when this occured, but in Oregon you have to send the government agency responsible for your injury a tort claims notice no later then 6 months (180 days) after the injury occurred or you lose your right to sue forwever. So even if you are not sure you will bring a claim, you need to talk to an attorney about sending a proper tort claims notice letter now, to preserve your right. If it has been more then 6 months since this all happened, you may be out of luck, although there may be enough in your prior communications with the jail and the staff to constitute sufficient notice, hard to say.

    Once you have the proper tort claims notice issued, they you have up to two years from teh date of injury to bring a lawsuit or settle. However, inmates make all sorts of claims all the time and the State of Oregon will not roll over easily and start offering money. These are very hard cases to bring and it may be hard to find an attorney willing to take your case. I had one of these cases years ago and by the time I was done, I made about 1 cent per hour I spent. I can't comment on your particular case because I don't know all the facts. You should certainly go and talk to a local attorney. Just be aware that inmate cases are harder and less profitable then most personal injury cases so be prepared to shop around until you find an attorney willing to take your case.

    Also, it is hard to see how you having an upper bunk caused stress injuries to both of your feet. It is also hard to link the upper bunk with a UTI. I understand that you went to the bathroom less frequently but that still should not have caused a UTI if you voided completely and drank plenty of water when you could. The defense is going to do a thorough review of your medical records and look for other possible causes of your UTI and may also argue that it simply isn't related.

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  • Do I need an personal Injury attorney

    At the end of March I was bitten by my neighbors dog in my yard at night. When the dog bit on me I was unaware that it was in my yard. It bit me twice; once on my butt, and one on the thigh, before I got back into my house. Their insurance co...

    Joanne’s Answer

    This was 4 months ago - the only question I have is why have you waited this long to get an attorney? Get an attorney.

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  • Can you have the parenting plan done in another state?

    My child and I moved from another state about 6 years ago. The parenting plan never got signed by the judge. There is a open case for child support in the state that we moved from.

    Joanne’s Answer

    You and the other parent are free to have an informal parenting plan, however this can be very problematic if you have problems in the future. Also it isn't clear if there is at least an order giving you custody. At a minimum you need an order or judgment giving you custody so if you don't have that established you need to get that done.

    If custody was previously issued, then that court continues to have jurisdiction until the case is formally transferred. . If custody hasn't yet been ordered, then you can file in Oregon to both establish custody and do a parenting plan.

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  • Does an undocumented (expired Visa) unwed mother have custody rights to her child,that is living with her in the USA now?

    she was recently married here in the USA to a US citizen ( not the father ) and is filing for status change with USCIS. As long as she stays here and does not flee the country, does she retain custody until otherwise determined in a family court...

    Joanne’s Answer

    The US Constitution protects all people in any proceeding in the US, documented or undocumented, and this includes the constitutional right of a biological parent to raise their child. The relative rights between the two biological parents can be determined by a family law court that has jurisdiction over the location where the child is currently living. The father can petition to have his paternity established and have set time to spend with the child, called parenting time. This may or may not result in a change of custody. How the parenting time will work if the mother is awarded custody and then leaves the US is up to the courts. However it would appear that the mother is trying to become a permanent resident so the issue may resolve itself with both parents remaining here in the US and sharing the parental responsibilities and expenses of raising the child. The biological father should be aware that once they establish paternity they will be on the hook to pay child support until the child is 18 years old, and possibly until the child is 21 years old if the child stays in school. So the father needs to be ready to take on that financial burder.

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  • Can a sheriff state to the media quote "these are drug addicts, these are drug peddlers. They're the receivers of stolen proper

    These are low life thieves about suspects before a conviction? Several other false statements have been aired and printed where an ALLEGED burglary suspect is now charged with robbery. The press never mentioned a Gun was brandished and suspect sh...

    Joanne’s Answer

    Statements made by a sheriff to a news reporter don't have anything to do with what a Judge will do in a custody trial. First of all, there are no jury trials in family court. A Judge would have to objectively consider all facts presented in the trial, and statements made previously out of court are inadmissible hearsay, particularly "opinions" such as the statements you are quoting. Furthermore, we don't even know if what the new reporter is writing is even an accurate quotation of what was actually said, and it could have been taken out of context.

    The first amendment protects new reporters considerably in their efforts to report news. However, there are limits in that they can't knowingly report false statements. But quoting what someone's opinion is, isn't going to be reporting a false statement. Opinion are just that, the opinion of the speaker. Whether it is based on truth or not, it is still their opinion and to that extent it is accurate to report what that person said.

    But getting back to how new reports relate to legal matters. The only concern I would have is in a criminal matter if you have a jury trial. Your defense attorney could use the new paper articles to show the Judge that, due to the publicity your arrest was given in the newspapers, it will be hard to find unbiased jurors in the local area to convene as a jury for your case. What happens then is that the case is moved to another jurisdiction where the jury pool is not tainted. However a lot could happen before your case gets to the stage of a jury trial. It would be best to first meet with your criminal defense attorney and discuss these issues.

    I would imagine any related custody/family law issues will be decided after the criminal matter has been disposed of, although there may need to be proceedings to determine where the children will be placed temporarily. If your children have been removed from your custody pending a criminal matter, you will be entitled to an additional court appointed attorney to assist you with the custody proceedings. So discuss this matter with your custody attorney and focus more on what the known facts are in your criminal case then the public opinion based on a newspaper article, which will carry little weight in this type of proceeding.

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  • My boyfriend and I were walking across a crosswalk and was hit by a car. What should we do??

    My boyfriend and I were waiting for the crosswalk light to turn so we we can walk. The light turn on and tells us to walk. We walking almost 1/2 way across the street and a black van comes and hits us on the left side. We both land on the car and ...

    Joanne’s Answer

    I assume this happened in Oregon. Call and Oregon Personal Injury lawyer and they will help you get through this. It sounds like there is clear liability on the part of the driver if you were in the crosswalk and had the walk sign telling you that you could cross. The police normally let a driver go if there is no reason to charge them criminally. It is possible that the driver got a traffic citation. An attorney will be able to check into whether there was a police report filed for this accident. If you have your own auto insurance, you should notify them and see if you are eligible for PIP coverage under your auto policy. As a pedestrian at the time of the accident, you will qualify to apply for PIP coverage under the insurance policy of the car that hit your, if your own auto insurance says you are not eligible under your auto insurance policy. You really need to hire an attorney before you start dealing with this PIP issue. It is very complicated and you want to avoid talking to any adjusters for the van driver's insurance. They will contact you immediately and try to get a statement - don't talk to them. Nothing bad will happen to you if your refuse to be interviewed. Below I will share the link to the article I wrote that explains what to do and not do if you are in an auto accident in Oregon. Please read it.

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  • My daughter's mother wants to move out of state, If I agree to that, what are things I need to watch for?

    Hello, Recently my daughter's mother informed me that she need to relocate to to Tacoma, WA to secure her job. My daughter(10) whom doesn't wants to move at all, she wants to stay in Oregon with me. The mother has the custody of our daughter. ...

    Joanne’s Answer

    First of all, don't put your 10 year old daughter into the conflict by asking her what she wants and then throwing that out as a reason to object to the move. Pretty much any 10 year old, if asked, will say they don't want to move. They almost always want to stay in their comfort zone with their friends and things that are familiar. Talking to her about how she feels is OK, just be careful it doesn't escalate to putting her into a parental conflict.

    I always tell parents in your position to talk to the other parent and try to see if the reason for the move is something you can help with, so the move is no longer necessary. Sometimes the reason may be financial or it may be because they need to be near family or friends to get help with child care. Try to explore what you can do to help the other parent stay here and get their needs met.

    Tacoma is going to be a bit of a drive but it is doable for weekend visits. The ideal solution would be that you and the other parent each drive halfway and meet in the middle. That would share the burden. The other thing that would balance this out, would be that your daughter comes and lives with you in the summer, and has visits with her mother, and this reverses in the winter during the school year.

    You can also argue in court that you should be awarded custody if mom moves. You would need to consult with an attorney and discuss all the issues to get a better evaluation of your chances.

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  • Is an Apostille required when registering a foreign judgment (divorce) in Oregon?

    My uncontested divorce was done in Mexico. I have certified copies of the property settlement agreement and the final judgment, and certified translations of both documents. Must I also have an Apostille of these documents, or will the certified...

    Joanne’s Answer

    You are trying to register a foreign Judgment in an Oregon Court. It is not clear why you want to do that, but in any case, you should talk to the clerk of the court about what format the Judgment needs to be in to register it with the Oregon Court. Read the statutes on this page with respect to filing a foreign Judgment and the notice requirements that you must comply with: http://www.oregonlaws.org/ors/24.105. Normally the process of registering a foreign judgment is done when a creditor is trying to collect money from a debtor in Oregon. Technically you are legally divorced once the Mexican court grants your divorce, but it probably doesn't hurt to create a paper trail by registering the foreign Judgment here in Oregon. Legally your Mexican divorce, IF IT WAS DONE PROPERLY, would make you divorced, without further registering it in Oregon. You would just have to have certified papers proving the divorce to show someone if you need to prove it. I actually think your idea of registering it is a good idea given the awkwardness or otherwise having to prove your divorce with paperwork. The problem that really concerns me is that your Mexican divorce may be invalid if it wasn't done in a way that meets US constitutional requirements of due process. That is to say, your spouse had to have been personally served the papers notifying them of the pending divorce. Personal service means that there is proof that they were actually handed the paperwork. (It is possible to meet the service requirement in an alternative method that is not personal service, but care must be taken to do this. Usually this would require a special order from an Oregon Judge approving the alternative method of service. Since you did the divorce in a foreign jurisdiction, I am not sure what the service requirements were. It is possible that a Mexican Court wouldn't require the level of notice that an American court would, and that might make your divorce vulnerable to being set aside or not honored by an American Court. The other problem with a foreign divorce is jurisdictional issues. A Mexican Court can only decide that you are divorced (your status) and can only make orders with respect to personal property and real estate found within Mexico. A Mexican court can only order your spouse to pay you money or do something if your Spouse was subject to the jurisdiction of the Mexican court at the time of the divorce which would normally require that they were physically in Mexico or had a residence there or a business there. So the content of your divorce, if it is more then just declaring your status as no longer married, could be problematic if the Mexican court didn't have jurisdiction. However, if your ex spouse lives in Oregon, registering the Mexican divorce here and personally serving your spouse with the paperwork concerning the registration of the Judgment along with a complete set of divorce documents, original and translated, rather then just mailing it certified, would give you another layer of protection in that it would create another form of personal notice that would meet due process standards. If I were you I would make an appointment to talk to an attorney here in Oregon and get their legal opinion as to whether or not you have potential problems with the legality and finality of your Mexican divorce. It would be much cheaper to deal with this now, then to have it come up later. (If your ex spouse was with you in Mexico and signed the divorce papers, then you would not have any of these due process issues so you can ignore that concern. Nor would you have problems with jurisdiction over your spouse to order the transfer of property or payments. There would still be a problem if the Mexican divorce ordered the transfer of title of real property in Oregon. Only an Oregon Court can actually order a change of property title, but the Mexican court might have the power to order your ex spouse to sign paperwork.

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